HF 261 (LSB 1340YH (3) 85)

HOUSE FILE 261

BY  PETTENGILL

A BILL FOR

An Act relating to open burning.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.40, subsections 1 and 3, Code 2013, are amended to read as follows:
   1.  The state fire marshal, during periods of extremely dry conditions or under other conditions when the state fire marshal finds open burning constitutes a danger to life or property, may
 
shall prohibit open burning in an area of the state at the request of the chief of a local fire department, a city council or, a board of supervisors and when an investigation supports the need for the prohibition, or an emergency management coordinator.

The state fire marshal may consult with other state or federal agencies to confirm the conditions in the requested ban area. The state fire marshal shall implement the prohibition by issuing a proclamation to persons in the affected area.

During periods of extremely dry conditions, the state fire marshal may initiate an open-burning prohibition in an area of the state without a request if the state fire marshal determines open burning constitutes a danger to life or property. The chief of a local fire department, the city council or, the board of supervisors that, or an emergency management coordinator who requested the prohibition may rescind the proclamation after notifying the state fire marshal of the intent to do so, when the chief, city council or, board of supervisors, or emergency management coordinator finds that the conditions responsible for the issuance of the proclamation no longer exist.
   3.  A proclamation issued by the state fire marshal pursuant to this section shall not prohibit a
 
any of the following:
   a.  A supervised, controlled burn for which a permit has been issued by the fire chief of the fire district where the burn will take place,.
   b.  the
 
The use of
 
manufactured portable outdoor fireplaces, barbecue grills,
 
properly
 
fixed outdoor fireplaces, or patio warmers when used in accordance with the manufacturer’s instructions and only when approved fuels are used such as seasoned firewood, briquettes, or natural or propane gas.
   c.  Properly supervised landfills, or the.
   d.  The burning of trash in incinerators or trash burners made of metal, concrete, masonry, or heavy one-inch wire mesh, with no openings greater than one square inch.
   e.  Burning where permitted by a city or county.
EXPLANATION
   This bill relates to open burning.
   Currently, the state fire marshal may prohibit open burning during extremely dry conditions in an area of the state at the request of a chief of a local fire department, a city council, or a board of supervisors. The bill requires such requests for open-burning prohibitions to be granted and also allows emergency management coordinators to request open-burning prohibitions. During extremely dry conditions, the state fire marshal may issue open-burning prohibition proclamations without the request of a local official.
   Currently, certain types of burning are permitted when an open-burning prohibition proclamation is issued. The bill adds a permitted burning use to include the use of manufactured portable outdoor fireplaces, barbecue grills, fixed outdoor fireplaces, and patio warmers when used in accordance with the manufacturer’s instructions and only when approved fuels are used such as seasoned firewood, briquettes, or natural or propane gas. The bill also adds burning where burning is permitted by a city or county.